CA reverses lower Court ruling, cop in hot water anew
The death of Joebert Balbontin in October 12, 2001 haunts anew a top police official and key personalities involved here.
This, after the Court of Appeals (CA) reversed a lower Court Decision granting bail to the accused, Senior Police Officer 1 (SPO1) Hermogenes Asumbra then assigned to the Barotac Viejo Police Office.
SPO1 Asumbra was charged with murder for allegedly shooting to death Balbontin following a police response on a reported domestic squabble in Barangay Santiago, Barotac Viejo, Iloilo. However ensuing legal battle managed to secure bail for the police officer with the victim's widow Leah Bergula pursuing the case up to the CA.
The assailed Order was issued by Judge Rogelio Amador of Branch 66, Barotac Viejo Regional Trial Court granting P300,000 bail to the murder suspect.
In an eight-page Decision obtained by The News Today (TNT), CA Associate Justice Francisco Acosta of the Nineteenth Division now ordered that such "is ANNULLED and SET ASIDE."
The victim's wife through counsel, noted Ilonggo lawyer Cornelio Panes petitioned the CA for certiorari stating that grave error and grave abuse of discretion was committed.
The CA in its Decision ruled for the petitioner saying "the petition is impressed with merit" as it went on to agree that respondent Judge "gravely abused his discretion when he granted private respondent's Petition to Admit Bail."
Major consideration cited by the CA were facts of the case wherein the victim when shot "was already defenseless and handcuffed."
"The assailed Order itself reveals that respondent Judge found the prosecution's evidence to have established that it was the private respondent (referring to SPO1 Asumbra) who shot the victim," excerpts of the CA Decision went. "In other words, respondent Judge found the evidence of guilt of the private respondent to be strong. Despite said finding, respondent Judge still granted bail on the ground that he found the prosecution's evidence on the presence of the qualifying circumstances of treachery and abuse of superior strength to be wanting. This is a grave error."
The CA likewise noted the "admitted fact" that the victim was made to run after being handcuffed prior to the actual shooting.
"Without any countervailing evidence, it clearly evidences the accused intention to shoot the victim and claim as a justification that the latter was shot while attempting to escape. This definitely establishes the aggravating circumstance of treachery," the Decision further went.
Associate Justice Acosta then summed up his Decision with a strong message against grave abuse of discretion.
"Grave abuse of discretion is a capricious whimsical exercise of judgment that is patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law," the Decision went. "In our view, respondent Judge's granting of private respondent's petition to admit to bail despite his finding that there was strong evidence of guilt could be considered a violation of petitioner's right to due process tantamount to grave abuse of discretion."
Concurring Associate Justices were Pampio Abarintos and Amy Lazaro-Javier.
SPO1 Asumbra's bail is expected to be revoked with the CA reversal.